FOX SPORTS “Watch Footy. Win.”
Game of Chance Competition
CONDITIONS OF ENTRY
1.
Competition and Promoter
1.1
By entering FOX SPORTS “Watch Footy. Win.” Game of Chance Competition
(Competition) and in consideration for the opportunity to participate in the
Competition, each entrant agrees to be bound by and observe these
Conditions of Entry. Information on how to enter and prize details form part of
these Conditions of Entry.
1.2
The promoter of the Competition is FOX SPORTS Australia Pty Limited (ABN
16 065 445 418) of 4 Broadcast Way, Artarmon NSW 2064 (Promoter).
2.
Who may enter
2.1
Subject to paragraphs 2.3 and 2.4, entry into the Competition is open to all
permanent residents of Australia who are existing Foxtel Residential
customers, or live in a household with a Foxtel Residential subscription and
have the subscriber’s permission to enter the Competition as at the date of
entry into the Competition. The existing Foxtel Residential subscription
account must not be in arrears from the commencement of the Competition
Period until the unclaimed prize draw date set out in paragraph 6 below.
2.2
For the avoidance of doubt, non-subscribers, Optus TV featuring Foxtel,
Foxtel from Telstra, Foxtel Business and Foxtel Play subscribers, and
entrants that live outside of the Foxtel serviceable area are not eligible to
enter this Competition or win a prize.
2.3
Any entrant aged under 18 years must obtain consent from their
parent/guardian prior to entering the Competition.
2.4
The officers, management and employees (and immediate family members of
officers, management and employees) of the Promoter, Foxtel Management
Pty Limited (Foxtel) and their related corporations and associated agencies
are not eligible to enter the Competition.
2.5
Each eligible entrant may submit one entry in the Competition during an Entry
Period (defined below). Entries must comply with these Conditions of Entry.
3.
Competition Period
3.1
The Competition commences at 7:30pm Australian Eastern Standard Time
(AEST) on 8 July 2016 and closes at 11:59am AEST on 15 August 2016
(Competition Period).
3.2
The Competition will be divided into 6 Entry Periods as follows:
Entry
Period
NRL
Round
1
18
2
19
Entry Period
Opens
Entry Period
Closes
7:30pm AEST on
11:59pm AEST on
8 July 2016
11 July 2016
7:30pm AEST on
11:59pm AEST on
Draw Date
13 July 2016
20 July 2016
3
4
5
6
20
21
22
23
15 July 2016
18 July 2016
7:30pm AEST on
11:59pm AEST on
21 July 2016
25 July 2016
7:30pm AEST on
11:59pm AEST on
28 July 2016
1 August 2016
7:30pm AEST on
11:59pm AEST on
4 August 2016
8 August 2016
7:30pm AEST on
11:59pm AEST on
11 August 2016
15 August 2016
27 July 2016
3 August 2016
10 August 2016
17 August 2016
3.3
Entries not received during an Entry Period or not completed in accordance
with these Conditions of Entry will not be eligible to win.
3.4
If for any reason an Entry Period is not capable of running as planned,
including due to the delay, postponement, or cancellation of an NRL match for
any reason whatsoever, the Promoter reserves the right in its sole discretion
to suspend, postpone or cancel the Entry Period.
4.
How to enter
4.1
The unique code word for each Entry Period will be displayed during FOX
SPORTS’ broadcast of the live Thursday night NRL Premiership match (for
Entry Periods where a live Thursday night NRL Premiership match is played)
and the live Friday night NRL Premiership match for each Entry Period on
FOX SPORTS 1.
4.2
Eligible entrants must, during an Entry Period:
(a)
go to the FOX SPORTS website (www.foxsports.com.au/watchfooty) or
mobile site (m.foxsports.com.au/watchfooty);
(b)
enter the details requested; and
(c)
submit the correct code word for the relevant Entry Period (a Valid
Entry).
4.3
Without limiting paragraph 10 below, by submitting an entry to the Promoter,
each entrant acknowledges that the Promoter may (but does not guarantee
that it will) read or display the entrant’s name during the broadcast of ‘Friday
Night Footy on FOX’ on FOX SPORTS 1.
5.
Draw, prize and notification
Draw
5.1
The Competition is a game of chance. All valid entries will be entered into the
random computerised draw.
5.2
The random computerised draw for each Entry Period will be conducted by
Mike Da Silva & Associates (Aust) Pty Ltd (MDSA) on behalf of the Promoter
at Ground Floor, 15 Grosvenor Street, Neutral Bay NSW 2089 on the Draw
Dates as set out in paragraph 3.2 above. The prize winner for an Entry Period
will be notified in writing on the relevant Draw Date and their name will also be
published in the Public Notices section of The Australian newspaper two
business days after the relevant Draw Date.
Foxtel Prize
5.3
The first 10 entrants with a Valid Entry drawn during each of Entry Periods 1 –
5 in accordance with these Conditions of Entry will each win a Foxtel 12Month Residential Subscription as set out in further detail in Schedule 1,
which includes:
(a)
a 12-month Foxtel subscription to the Platinum HD Package, valued at
A$1,620 (A$135 per month);
(b)
1 x standard install, valued at A$100.00; and
(c)
1 x iQ3 set top unit, valued at A$125.
(each, a Foxtel Prize)
5.4
The maximum total Foxtel Prize value is A$92,250 (including GST) (A$1,845
x 50 winners).
Entry Period 6 Prize
5.5
The entrant with the first Valid Entry drawn in Entry Period 6 in accordance
with these Conditions of Entry will win A$50,000.
5.6
The Entry Period 6 Prize will be provided to the winner via electronic funds
transfer. The Promoter will request the Entry Period 6 Prize winner’s relevant
bank details when the prize winner is notified. The Promoter accepts no
liability for prizes lost in transit if a prize winner supplies incorrect bank
account details.
General prize information
5.7
The maximum total prize value in the Competition is A$142,250.
5.8
An entrant will be eligible to win one Foxtel Prize during the Competition
Period. If an entrant wins a Foxtel Prize, the entrant is still eligible to win the
Entry Period 6 Prize.
5.9
Without limiting paragraph 7 below, in the instance that a prize winner is
under 18 years of age, the prize will be awarded to the prize winner’s parent
or legal guardian on behalf of the winner. It is the responsibility of the prize
winner’s parent or legal guardian to prove their parental/guardian status at the
time of taking the prize and to assume the role of the winner (if applicable). As
a condition of accepting or participating in any prize, the prize winner’s parent
or guardian accepts these Conditions of Entry on behalf of the prize winner if
the prize winner is aged under 18 years.
5.10
Without limiting Schedule 1 below, each prize winner acknowledges that the
prize is subject to additional terms and conditions imposed by third party prize
suppliers, including Foxtel. The prize winner must become acquainted with
any such additional terms and conditions prior to taking the prize. The prize
winner must comply with all conditions imposed by Foxtel and any prize
supplier. The Promoter does not accept responsibility and is not liable for any
conditions imposed on the taking of the prize by Foxtel and any other third
party prize supplier or a breach of those conditions by any person. The prize
remains the property of the Promoter and/or prize suppliers (including Foxtel)
until it is received by the selected prize winner or unclaimed prize winner as
the case may be.
5.11
The Promoter and Foxtel accept no responsibility for any variation in the value
of a prize. Except as set out in Schedule 1, prizes are not transferable or
exchangeable. The Foxtel Prize is not redeemable for cash and must be
taken as offered.
5.12
A prize winner is responsible for all expenses not specified in these
Conditions of Entry.
5.13
Except as set out in Schedule 1, if for any reason the prize winner does not
take an element of the prize during the stated period and on the conditions
stipulated by the Promoter or any third party prize suppliers, that element of
the prize will be forfeited.
6.
Unclaimed prizes
If the prize is unclaimed by 10:00am AEDT on 17 November 2016, a random
computerised second chance draw will be conducted for the unclaimed prize
by MDSA on behalf of the Promoter at Ground Floor, 15 Grosvenor Street,
Neutral Bay NSW 2089 at 10:30am AEDT on 17 November 2016, subject to
written directions from State regulatory bodies. The winner of the second
chance draw, if any, will be notified in writing on 17 November 2016. The
prize winner’s name will be published in the Public Notices section of The
Australian newspaper on 21 November 2016.
7.
Information for Prize Winner
All entrants agree to provide the Promoter with identification and/or proof of
age if selected as a prize winner. If a prize winner is under the age of 18
years, the prize will be awarded to the prize winner’s parent/guardian on their
behalf. In accepting a prize, the prize winner agrees to the release set out
below. The form of identification and/or proof of age are at the discretion of
the Promoter.
8.
Limitation of Liability
8.1
Except for any liability that cannot by law be excluded (including as set out
under paragraph 8.3), the Promoter, Foxtel, their respective related
corporations and associated agencies (and any of their personnel) exclude all
liability for any loss (including any damage, claim, injury, cost or expense)
which is suffered or incurred by any entrant (including the prize winner) and/or
by the prize winner’s companion in connection with the Competition or a prize,
including, without limitation: (i) any indirect, economic or consequential loss;
(ii) any loss arising from the negligence of the Promoter, Foxtel, their
respective related corporations and associated agencies (and any of their
personnel); and (iii) any liability for personal injury or death.
8.2
No responsibility will be taken by the Promoter or its authorised agents for
lost, ineligible, misdirected or late entries due to technical reasons or any
other reason. Entries that are not genuine or are incomplete, late or in any
way fraudulent, including as set out under paragraph 10.6 below, will be
declared void.
8.3
Nothing in these Conditions of Entry limits, excludes or modifies, or purports
to limit, exclude or modify, the statutory implied guarantees/warranties as
provided under the Competition and Consumer Act 2010 (Cth) and the ASIC
Act 2001 (Cth), including the statutory consumer guarantees under the
Australian Consumer Law, or similar laws in the States and Territories of
Australia.
9.
Privacy
By entering the Competition, the participant understands and agrees that the
Promoter may use and disclose the participant's personal information to a
third party to assist in conducting the Competition and communicating with
the participant in relation to special offers from the Promoter and its related
entities. Without limiting the foregoing, each participant acknowledges and
agrees that the Promoter may use and display the participant's name on
websites showing the participant's position in the various leagues in the
Competition. Participants acknowledge that the Promoter may share a
participant's personal information with the Promoter's Australian and foreign
related entities which may contact the participant with marketing messages
and special offers. If a participant elects to receive information from third
parties, the Promoter may also disclose the participant's personal information
for that purpose. Participants in the Competition further acknowledge and
agree that the Promoter may disclose the participant’s personal information to
Foxtel who may contact the entrant with information about Foxtel’s products
and services. Information about how Foxtel will handle a participant’s
information is available at https://www.foxtel.com.au/about/privacy.html.
Without limiting the foregoing, the Promoter may also disclose a participant’s
personal information to third parties for the purposes outlined above. The
Promoter is bound by the Australian Privacy Principles in the Privacy Act
1988 (Cth). Participants may find out more about how the Promoter collects,
uses and discloses personal information by reading the Promoter's Privacy
Policy, which is available at www.foxsports.com.au/about-us/privacy.
Participants may access the personal information the Promoter holds about
them by writing to the Promoter at the address set out below. If the Promoter
limits or denies an entrant access to their personal information in certain
circumstances, the Promoter will tell the entrant why access was limited or
denied. Participants can contact the Promoter by writing to the Promoter at 4
Broadcast Way, Artarmon NSW 2064.
10.
General
10.1
By entering the Promotion, the winner agrees that:
a. if requested by the Promoter, the winner will:
i.
provide comments about the Promotion and/or a photograph or audiovisual clip of themselves; and
ii.
participate in a promotional shoot in connection with the Promotion;
b. the Promoter may use the winner's name, image, comments, photographs
or clips (Materials) for publicity and promotional purposes in any form of
media, without reference or compensation to the winner or any other
person;
c. the Promoter may use, reproduce, edit and communicate to the public the
Materials at any time in any form of media;
d. the Promoter may license, authorise or otherwise transfer the rights in the
Materials to others to do the same; and
e. the winner unconditionally and irrevocably consents to any act or omission
that would otherwise infringe any of their moral rights in the Materials and
waives all moral rights in the Materials that arise outside Australia.
10.3
Acceptance of the prize constitutes consent on the prize winner’s part to allow
the use of the prize winner’s name, image, voice and/or likeness by Promoter
for editorial, advertising, promotional, marketing and/or other purposes
without further compensation except where prohibited by law.
10.4
In the event that there is a dispute concerning the conduct of this Competition,
the Promoter’s decision is final and binding and no correspondence will be
entered into.
10.5
The prize remains the property of the Promoter and/or Foxtel until it is
delivered to the selected prize winner or unclaimed prize winner as the case
may be.
10.6
If for any reason the Competition is not capable of running as planned,
including due to infection by computer virus, bugs, tampering, technical
failures or any other causes beyond the control of the Promoter, which corrupt
or affect the fairness or integrity or proper conduct of the Competition, the
Promoter reserves the right in its sole discretion to disqualify any individual
who tampers with the entry process and to cancel, modify, terminate or
suspend the Competition, subject to written directions from State regulatory
bodies.
10.7
The Promoter reserves the right to disqualify any entrant who conspires with
others to gain an unfair advantage or who is otherwise involved in
manipulating, interfering or tampering with the entry process or any other
element of the Competition. The use of any automated entry software or any
mechanical, electronic or other means which allows an entrant to
automatically enter repeatedly is prohibited and will render all entries
submitted by that entrant invalid.
10.8
No responsibility will be taken by the Promoter or its authorised agents for
lost, ineligible, misdirected or late entries due to technical reasons or any
other reason or due to periods of unavailability of the entry mechanism during
the Competition Period.
10.9
The prize winner is advised that tax implications may arise from the prize and
should seek independent financial and taxation advice prior to their
acceptance of the prize. The prize winner is responsible for all taxes which
may be payable as consequence of receiving a prize.
10.10 It is the entrant’s responsibility to inform the Promoter of any change to the
entrant’s contact details, including their email address.
10.11 This Competition is authorised under NSW Permit No. LTPS/16/05078, ACT
TP16/01218 & SA Licence No. T16/1092.
Schedule 1
a)
Each Foxtel Prize consists of 1 x Foxtel subscription to the Platinum HD
package for 12 months, valued at $1620.00 (the “Subscription Credit”) and
1 x single standard technician install and 1 x iQ3 set top unit, valued at
$225.00 (the “Install and Box Fee”) (together the “Prize”).
b)
Only existing Foxtel Residential customers in the Foxtel serviceable area or
persons who live in a household with a Foxtel Residential subscription and
have the subscriber’s permission to enter the Competition as at the date of
entry into the Competition are eligible to enter the Competition. The promotion
is not open to non-subscribers, Optus TV featuring FOXTEL or FOXTEL from
Telstra, Foxtel Business or Foxtel Play subscribers (“Ineligible Entrants”).
c)
The Prize is subject to the Foxtel Residential Subscription Television
Agreement.
d)
Foxtel and some Foxtel services are not available to all homes.
e)
An Ineligible Entrant will not receive a substitute prize or cash in lieu.
f)
In the instance that the winner is (i) under 18 years of age or (ii) lives in a
household with a Foxtel Residential subscription but is not the account holder,
the Prize will be awarded to the winner’s parent or legal guardian or the
account holder of the Foxtel Residential subscription (as the case may be) on
behalf of the winner. It is the responsibility of the winner’s parent or legal
guardian or the account holder to prove their parental/guardian or account
holding status at the time of taking the Prize and to assume the role of the
winner (if applicable).
g)
A credit will be applied to the winner’s Foxtel account in the amount
equivalent to the Subscription Credit. The Subscription Credit is nonrefundable and not redeemable for cash.
h)
Installation is a single standard technician installation only. The Winner is
responsible for any additional installation costs that may be incurred.
i)
In the instance that the winner is already a Foxtel subscriber with an iQ3, they
will forfeit the Install and Box Fee. No substitute will be offered.
j)
In the instance that the winner is already a Foxtel subscriber with an
iQ/iQ2/MyStar set top unit, they may choose to upgrade to an iQ3 and they
will receive the Install and Box Fee. The Subscription Credit will be applied to
the winner’s Foxtel account at the commencement of the next billing month. If
the winner elects not to upgrade their box, they will forfeit the Install and Box
Fee. No substitute will be offered.
k)
Foxtel Store or Box Office charges, Main Event charges and other incidental
charges are not included in the Prize and are charged in addition to
subscription fees, and will be subtracted from the Subscription Credit as
incurred by the winner.
l)
Once the Subscription Credit is insufficient to cover fees and charges, the
winner will be responsible for all additional fees and charges.
m) The winner is responsible for checking the amount of credit on their account.
n)
The winner must set up Easypay (direct debit) on their Foxtel account.
o)
If for any reason the winner cancels their Foxtel subscription, any remaining
Subscription Credit will be forfeited and cash will not be provided in lieu.
p)
The winner must provide Foxtel with at least 31 days’ notice before the end of
the subscription period (or earlier if the Subscription Credit is insufficient to
cover the charges) if the winner wishes to terminate or change their
subscription package, otherwise the winner will incur ongoing subscription
fees reflective of the Subscription Credit.